Solicitors (Scotland) Act 1980

F2[F124G Further provisions relating to suspension of registration certificateS

(1)The provisions of this section shall have effect in relation to a registration certificate which has ceased to have effect by virtue of section 24F during the period when that registration certificate would, but for that section, have continued in force.

(2)A registration certificate which has ceased to have effect by virtue of paragraph (c) or (d) of section 24F(1) shall again have effect on the registered European lawyer being granted his discharge.

(3)A registration certificate which has ceased to have effect by virtue of paragraph (e) of section 24F(1) shall again have effect on the judicial factor being granted his discharge.

(4)Where a registered European lawyer is suspended from practice as a registered European lawyer by virtue of paragraph (a) F3. . . of section 24F(1), the period of suspension shall, for the purposes of section 24C(2)(e), expire on the registered European lawyer ceasing to be [F4detained]F3. . . .

[F5(4A)A suspension from practice arising by virtue of section 24F(1A) expires if the grounds for it no longer apply.

(4B)On the occurrence of any of the circumstances mentioned in subsections (2) to (4A), the lawyer concerned must notify the Council in writing (and without delay).]

(5)Where a registered European lawyer is suspended from practice as a registered European lawyer by virtue of paragraph (c), (d) or (e) of section 24F(1) [F6or by virtue of section 24F(1A)] , he may at any time apply to the Council to terminate the suspension.

(6)On an application under subsection (5), the Council may either–

(a)grant the application with or without conditions; or

(b)refuse the application.

(7)If on an application by a registered European lawyer under subsection (5) the Council refuse the application or grant it subject to conditions, the registered European lawyer may appeal against the decision to the court, who may–

(a)affirm the decision; or

(b)vary any conditions imposed by the Council; or

(c)terminate the suspension either with or without conditions.]

Textual Amendments

F1Cross-heading and ss. 24A - 24G and inserted (22.5.2000) by S.S.I. 2000/121, regs. 1(1), 37(1), Sch. 1 para. 1(3)

F2Ss. 24A-24G inserted (22.5.2000) by S.S.I. 2000/121, regs. 1(1), 37(1), Sch. 1 para. 1(3)

F4Words in s. 24G substituted (27.9.2005) by The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Enactments) Order (S.S.I. 2005/465), art. 2, {Sch. 1 para. 9(5)}